. >> with certain due process protections, the u.s. may detain individuals who fought against the united states as partst tall back. the supreme court has not upheld military detention in the war in terrorism other than this narrow class of battlefield detainees as i understand it. is that the way you understand it? >> yes, your understanding is mine. that hamdi talked about people picked up on the battlefield. >> that is one of the concerns i had with the nominations of justices roberts and leito. as an appellate judge, john roberts held that president bush's military commissions were legal even though they were created without congressional authorization and allowed the use of evidence obtained by torture. the supreme court reversed judge roberts saying they violated the law. incidentally, justice stevens was the author of that opinion. the hamdi case, while pending, there was an extraordinary effort in congress to force the supreme court to dismiss the case by retro actively stripping the right to habs habeas corpus detainees. you w